Senate Committee on Agriculture and Natural Resources (02/05/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	02/05/2009	ATTENDANCE

Time:	01:38 PM to 03:38 PM	Brophy	X
		Gibbs	X
Place:	SCR 353	Harvey	X
		Kester	X
This Meeting was called to order by		Schwartz	X
	Senator Isgar	Hodge	X
		Isgar	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Colorado Water Resources & Power Development Authority SB09-114 SB09-118 SB09-127 SB09-113 SB09-115 SB09-151		Favorably Refer to the Full Senate Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:38 PM -- Colorado Water Resources and Power Development Authority

Senator Isgar explained that a confirmation hearing on Mr. Sims and the other appointees to the Colorado Water Resources and Power Development Authority was held on January 29, 2009 (Attachment A). Due to an error, the calendar announcement for the confirmation of the appointees to the Water Resources and Power Development did not include the name of Mr. Sims. Consequently, the committee could not take action on Mr. Sims' confirmation at the January 29 meeting.


BILL:	CO Water Resources and Power Development Authority
TIME:	01:39:08 PM
MOVED:	Hodge
MOTION:	Moved to refer Steven O. Sims with a favorable recommendation to the full Senate to serve on the Colorado Water Resources and Power Development Authority for a term expiring October 1, 2012. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Excused
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:40 PM -- Senate Bill 09-114

Senator Kester, sponsor, described the provisions of Senate Bill 09-114 that continues the Farm Products Act and Commodity Handler Act until July 1, 2020. It also changes certain regulations of farm products and commodity warehouses by the Department of Agriculture. The sunset hearing on this regulation occurred on January 8, 2009.

The following persons testified on the bill:

01:42 PM -- Jim Miller, Colorado Department of Agriculture, described the Department of Agriculture's role in the sunset review process and spoke in support of the department's sunset bills (Attachment B).

01:46 PM -- Steve Bormann, Colorado Department of Agriculture, spoke in support of Senate Bill 09-114.


BILL:	SB09-114
TIME:	01:48:08 PM
MOVED:	Kester
MOTION:	Moved to refer Senate Bill 09-114 to the Committee of the Whole, without amendment. The motion passed on a vote of 6-1.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:49 PM -- Senate Bill 09-118

Senator Gibbs, sponsor, described the provision of Senate Bill 09-118 that implements the recommendations of the Colorado Department of Regulatory Agencies in its sunset review of the Pet Animal Care Facilities Act (PACFA). The sunset hearing on this regulation occurred on January 8, 2009.

The following persons testified on the bill:

01:51 PM -- Dr. Kate Anderson, Colorado Department of Agriculture, described the regulation of pet animal care facilities by the Colorado Department of Agriculture.

01:51 PM -- Joann Farrend, Winston's Doggy Playhouse, spoke in opposition to extending the sunset of the PACFA until 2014. She explained that the Department of Regulatory Agencies (DORA) sunset report recommended that the sunset for PACFA be 2012.

01:57 PM -- Dr. Anderson returned to answer questions about funding for the PACFA program and the department's inspection policy for pet animal care facilities.

02:05 PM -- Dawn Craig, representing herself, spoke in opposition to the bill and urged the committee to require the next sunset review of PACFA be in 2012. She also requested that all PACFA fees be used to administer the program.

02:09 PM -- Dr. Anderson explained that only fines collected by the department will be deposited in the General Fund and that all fees will be used to administer the program.

02:11 PM -- Bryan Jameson, Colorado Department of Regulatory Agencies, explained that the department recommends that fines be deposited in the General Fund so that a department does not have an incentive to issue fines.

02:13 PM -- Carmen Revord, representing herself, spoke in opposition to Senate Bill 09-118 and requested that it be amended to include DORA's recommendations for a sunset review in 2012. She also requested that the department be allowed to retain fines to help administer PACFA and urged the committee to limit the number of terms that may be served by members of the Pet Animal Care Facilities Advisory Committee.

02:24 PM -- Cristal Newell, Mile High Mutts, Colorado Association of Dog Daycares, spoke in support of the bill and urged the committee to require that the Pet Animal Care Facilities Advisory Committee include a representative of the Dog Daycare industry.

02:33 PM

Senator Gibbs closed his remarks on the bill and commented on prior testimony.


BILL:	SB09-118
TIME:	02:35:25 PM
MOVED:	Gibbs
MOTION:	Moved to refer SB 09-118 to the Committee on Appropriations, without amendment. The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	No
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:37 PM -- Senate Bill 09-127

Senator Schwartz, sponsor, described the provision of Senate Bill 09-127 that continues the Colorado Egg Law until July 1, 2020 and changes certain regulations of eggs by the Department of Agriculture. She also distributed Amendment L. 001 (Attachment C). The sunset hearing on this regulation occurred on January 8, 2009.

The following persons testified on the bill:

02:41 PM -- Julie Zimmerman, Director of the Division of Inspection and Consumer Services in the Colorado Department of Agriculture, spoke in support of the bill.

02:50 PM -- Jerry Wilkins, Rocky Mountain Eggs, spoke in support of the bill (Attachment D).

02:51 PM -- Mary Lou Chapman, Rocky Mountain Food Industries Association, spoke in support of the bill.


BILL:	SB09-127
TIME:	02:52:05 PM
MOVED:	Schwartz
MOTION:	Moved to refer Senate Bill 09-127 to the Committee of the Whole, as amended. The motion passed on a vote of 6 to 1.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-127
TIME:	02:52:23 PM
MOVED:	Schwartz
MOTION:	Moved Amendment L. 001. The motion passed without objection
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:54 PM -- Senate Bill 09-113

Senator Brophy, sponsor, described the provisions of Senate Bill 09-113 that continues the Measurement Standards Act until July 1, 2018 and changes certain regulations pertaining to the issuance of licenses and certificates related to measurement standards by the Department of Agriculture. He also distributed Amendment L. 001 (Attachment E). The sunset hearing on this regulation occurred on January 8, 2009.

The following persons testified on the bill:

02:59 PM -- Julie Zimmerman, Director of the Division of Inspection and Consumer Services in the Colorado Department of Agriculture, described the provision of Senate Bill 09-113 and Amendment L. 001. She also spoke in support of the amendment and bill, and explained that the fiscal impact of the bill should not be affected by Amendment L. 001.

03:05 PM -- Mary Lou Chapman, Rocky Mountain Food Industries Association, spoke in support of the bill.


BILL:	SB09-113
TIME:	03:07:23 PM
MOVED:	Brophy
MOTION:	Moved Amendment L. 001, as amended. The motion passed without objection
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass without Objection

03:08 PM

Tom Morris, bill drafter with the Office of Legislative Legal Services, identified drafting errors in Amendment L. 001. Senator Brophy amended his motion for Amendment L. 001 to address the drafting errors identified by Mr. Morris.


BILL:	SB09-113
TIME:	03:09:03 PM
MOVED:	Brophy
MOTION:	Moved to refer Senate Bill 09-113, as amended, to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:11 PM -- Senate Bill 09-115

Senator Brophy sponsor, described the provision of Senate Bill 09-115 that continues the licensing of public livestock markets by the Department of Agriculture until July 1, 2014. It also eliminates the statutory May 1 license renewal date and allows the department to establish renewal schedules by rule. He also distributed Amendment L. 001 that extends the sunset of the regulation of public livestock markets to July 1, 2019 (Attachment F). The sunset hearing on this regulation occurred on January 8, 2009.

The following person testified on the bill:

03:12 PM -- Rick Wahlert, Colorado Brand Board, spoke in support of the bill.

03:12 PM -- Bryan Jameson, DORA, spoke in opposition to Amendment L. 001.

03:15 PM -- Mr. Wahlert responded to questions about Amendment L. 001.


BILL:	SB09-115
TIME:	03:23:46 PM
MOVED:	Brophy
MOTION:	Moved to refer SB 09-115 to the Committee of Whole, as amended, and with a recommendation that it be added to the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:29 PM

Jery Payne, bill drafter with the Office of Legislative Legal Services, explained that the sunset date for the Article 55 of Title 35 on Page 2, line 24, must also be extended to 2019 to conform with Amendment L. 001.


BILL:	SB09-115
TIME:	03:26:34 PM
MOVED:	Brophy
MOTION:	Moved to Amend Page 2, line 24, of the printed bill, strike "2014" and substitute "2019".
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-115
TIME:	03:23:56 PM
MOVED:	Brophy
MOTION:	Moved Amendment L. 001. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:28 PM

The meeting recessed.

03:31 PM -- Senate Bill 09-151

Senator Isgar, sponsor, described the provisions of Senate Bill 09-151 that allows the Colorado Slaughter's Act to expire as scheduled on July 1, 2009 but continues the requirement to inspect brands prior to the slaughter of an animal to verify its ownership. The brand inspection requirement is moved to the State Board of Stock Inspection Commissioners in the Department of Agriculture. He also distributed Amendment L. 001 (Attachment G). The sunset hearing on this regulation occurred on January 8, 2009.

The following person testified on the bill:

03:33 PM -- Rick Wahlert, Colorado Brand Board, spoke in support of the bill and Amendment L. 001.


BILL:	SB09-151
TIME:	03:35:36 PM
MOVED:	Isgar
MOTION:	Moved to refer SB 09-151 to the Committee of the Whole as amended. The motion passed on a vote of 6 to 0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Excused
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-151
TIME:	03:36:18 PM
MOVED:	Isgar
MOTION:	Moved Amendment L. 001. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:37 PM

The meeting adjourned.